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Young v. Colvin

United States District Court, D. Nevada

May 20, 2014

DEBORAH DENESE YOUNG, Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner, Social Security Administration Defendant.

REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

VALERIE P. COOKE, Magistrate Judge.

This Report and Recommendation is made to the Honorable Robert C. Jones, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B). For the reason set forth below, it is recommended that plaintiff's complaint be dismissed without prejudice.

I. BACKGROUND

On April 15, 2014, plaintiff filed an application to proceed in forma pauperis together with a complaint for judicial review of an administrative action by the Secretary of Health and Human Services denying plaintiff's claim for disability benefits under the Social Security Act (#1). Before the court was able to rule on the application to proceed in forma pauperis, plaintiff filed a motion to dismiss her application and the complaint for judicial review pursuant Fed.R.Civ.P. 41. Therefore, it is recommended that plaintiff's complaint be dismissed without prejudice.

The parties are advised:

1. Pursuant to 28 U.S.C § 636(b)(1)(C) and Rule IB 3-2 of the Local Rules of Practice, the parties may file specific written objections to this report and recommendation within fourteen days of receipt. These objections should be entitled "Objections to Magistrate Judge's Report and Recommendation" and should be accompanied by points and authorities for consideration by the District Court.

2. This report and recommendation is not an appealable order and any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Court's judgment.

III. RECOMMENDATION

IT IS THEREFORE RECOMMENDED that the district court enter an order as follows:

1. Deeming the application for in forma pauperis (#1) WITHDRAWN;
2. GRANTING the plaintiff's motion to dismiss (#2); and
3. DISMISSING this action without prejudice.

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